Citizens' Savings Bank v. Town of Greenburgh
New York Court of Appeals
Appeal from a judgment of the Appellate Bivision of the Supreme Court in the first judicial department, entered November 7, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The bonds sued on in this action are negotiable instruments according to the law merchant.
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Appeal from a judgment of the Appellate Bivision of the Supreme Court in the first judicial department, entered November 7, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The bonds sued on in this action are negotiable instruments according to the law merchant. (Illinois v. Delafield, 8 Paige, 527; Bank of Rome v. Vil. of Rome, 19 N. Y. 20; Brainerd v. N. Y. & H. R. R. Co., 25 N. Y. 496; C. Nat. Bank v. Faurot, 149 N. Y. 532 ; Story…
1Opinion of the CourtGray, J.
The plaintiff, a savings institution incorporated under the laws of this state, sues the defendant for the interest due upon certain bonds issued by it. The defense, in substance, is that the bonds were invalid, for having been issued in violation of the provisions of the act which authorized their issue, and that the act itself is, in a certain respect, unconstitutional. The act is contained in chapter 493 of the Laws of 1892. It is entitled: “ An Act to provide for the construction of highways and bridges upon highways running through two or more towns of the same county.” Its first section…
2Cases cited13 opinions
- Lent v. TillsonSupreme Court of the United States · 1891
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Hobson v. HansenDistrict Court, District of Columbia · 1967
- Oates v. RogersSupreme Court of Arkansas · 1940
- Denny v. Des Moines CountySupreme Court of Iowa · 1909
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
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